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Notes from Annefield Vineyards in Southern Virginia
How’s That Zoning Ordinance Working for Ya?WEDNESDAY, 18 JULY 2012 ~ STEPHEN BALLARD
Oye.
Anyone who with an interest in the Virginia wine industry knows by now that on 12 July 2012 the Fauquier
County Board of Supervisors passed a long debated new winery zoning ordinance that curtails the number of
events wineries may hold on their properties. The Board of Supervisors has been wrestling with the issue
since November 2008 and had 12 public hearings on the matter — this fact is recited in the preamble of the
Ordinance, no doubt to prove that opponents have had sufficient opportunities to be heard.
The heart of the matter is the problem of the crowds attracted to events staged at farm wineries. The wineries
are perceived by other rural land owners as lacking restraint, because the number and variety of events is
relentless — they seem to keep coming. A quick look at VirginiaWine.org found 96 events scheduled
throughout the Commonwealth in August, ranging from Bistro Nights to Winemaker’s Dinners to Tapas
Nights to band performances. The Virginia wine culture seems wedded to entertainment, and that cultural
expectation is enshrined on that site. It’s rather telling that the second tab on VirginiaWine.org is the “Events”
guide.
One disturbing outcome of this controversy is the vilification of Jim Law, the owner of Linden Vineyards. Jim
has made no secret that he would prefer that wineries focus on making wine and not be entertainment venues.
He spoke in favor of the Ordinance at that Board of Supervisors meeting, no doubt earning him the ire of the
owners of the other wineries in the county, if not most of the industry. At least one wine retailer has stated
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that they will no longer sell his wine as a result. If he cared about politics, Jim could have remained silent, but
he doesn’t care what others think and spoke his mind. He is probably the bravest man in the room for doing
so (some might say foolish), because this is something that will not be forgotten.
Jim’s motivation is to no doubt raise the tone of winegrowing in Virginia, with its fixation on events (whatever
they may be), festivals and the like as a means of attracting and promoting agritourism and the wine industry.
In a 2010 interview with John Hagerty, he said:
Jim Law didn’t write the Ordinance, but its pretty clear that a major force behind it was an organization called
the Citizens for Fauquier County, whose Farm Winery Task Force drafted an Ordinance and presented it to the
Board of Supervisors with recommendations and research materials. What passed is not exactly what they
presented, but it certainly established the framework, though it isn’t clear to this writer which came first —
Zoning’s version or that of the Task Force. We won’t go into the long, sad saga — in this post we’ll compare it
to the approaches to winery regulation one finds in other jurisdictions, and outline what this Ordinance
requires.
Regardless of where agricultural land is located, every jurisdiction begins with the same idea: that agricultural
land is a precious, finite resource and must be fiercely protected from development. This public policy
becomes enshrined in either statutory or administrative law, depending on the body administering it.
For smaller wineries where lifestyle and entertainment drives the business, the future is limitless. For
serious winemaking the challenge is greater and the commensurate work more difficult. The
enjoyment of running a small business drives the former but a commitment to quality and price
motivates the latter. More pointedly, if you choose to compete with quality wines from around the
world, you must be driven to make the best wine possible. Our proximity to the Washington, DC metro
market and Virginia’s tourism industry assures a steady stream of customers. But if wine tourism is
feeding your business, the pressure to continually increase quality can be diminished.
Hagerty: How many wineries in Virginia are focused exclusively on serious wine?
I’d say about five percent. Don’t get me wrong. Everyone wants to make good wine. But increasingly, I
see tourism and entertainment trumping fine wine. If you are hosting large groups, weddings,
bachelorette parties and other commercial activities, it does produce quick and steady revenue. But it
takes a lot of discipline to keep your focus on both the vineyard and the cellar while managing an
entertainment business. I believe one or the other will suffer from inattention. Usually it’s the wine.
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Jim’s outlook is one way to look at the issue; another is to consider the needs of small wineries just starting out
that may need to have these events and activities to help pay the bills as they become established. “Old timers”
might lose sight of the struggle to make ends meet while trying to establish a brand. The Ordinance mentions
this conundrum and acknowledges the need to make accommodations for these newer wineries, and those of
us in the industry are resigned to that reality. Still, there is no “one size fits all” approach to marketing wine.
Some wineries, for example, choose not to open a tasting room and sell at farmer’s markets, festivals and to
retailers; others appear to forsake retailers and sell primarily at festivals and through their tasting rooms. One
winery recently opened its own wine bar in a nearby town (Notaviva Vineyards), while yet another that has
several of its own retail outlets recently closed the one closest to the winery and opened the winery to the
public (The Boxwood Winery). It appears that there are as many business plans as there are wineries.
Clear rules governing events would help, and the Ordinance tries to establish rules that benefit all rural
landowners. Last year we wrote about winery zoning in Albemarle and Fauquier Counties (Can’t we all just get
along? and Helicopter Rides Prohibited), and a battle in Santa Barbara County, California that is interfering
with one winery’s development plans (A Cautionary Tale).
Let’s begin by way of example with a look at two wine regions that are more restrictive than any county in
Virginia — Oregon and Napa County, California.
Winery Zoning in Oregon
In Oregon, the policy of preserving farmland caused the legislature to enact legislation in 1993 the provided
that land zoned for exclusive farm use (EFU) cannot be subdivided into parcels smaller than 80 acres.
Vineyards are usually permitted in EFU and other rural zones, but not in commercial and urban zones.
The situation for wineries is more complex, depending on the zone in which the winery is to be sited. In
commercial or industrial zones, for example, a winery is allowed outright; in agricultural zones, a winery is
allowed as a “commercial activity in conjunction with farm use,” which is subject to review and approval by
local government, and in some cases a public hearing is required. In an EFU zone, a winery may be allowed
outright, though the use is subject to review and approval by local government and before ground is broken on
the winery building, the land must have a minimum of either (1) 15 acres under vine; (2) 15 acres under vine
on a contiguous parcel; or (3) long-term contracts with other growers that cover at least 15 acres of vines.
Like all winegrowing regions, Oregon has been wrestling with the events beast. Just last year Oregon came up
with its own legislative solution. As reported in Wines & Vines on 1 July 2011, a bill that passed 27 June 2011
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allows events, including weddings and other celebrations, outdoor concerts and other facility rentals, subject
to local permitting requirements. Wineries are permitted up to 24 events “by right,” but if a winery has more
than 25 events annually, they must obtain a permit from their local county. The retail sale of non-wine items
can account for no more than 25 percent of on-premises revenue.
That legislation created a new classification for large wineries. Those with 130 acres under vine are allowed to
have a restaurant if the land is zoned for exclusive farm use, and they are subject to the same limitations on
events. Reportedly the legislation had the support of 70 to 80 percent of the industry.
Winery Zoning in Napa County, California
Napa’s Farm Winery Definition Ordinance defines the marketing of wine to include food service at the winery,
so long pairing is part of cultural and social events directly related to the education and development of
customers and potential customers. The charge for the food service may only be to the extent of cost recovery.
Tours and tastings at new wineries in the agricultural preserve are by appointment, non-agricultural uses such
as weddings are prohibited, and restaurants are prohibited, though one exception was grandfathered in, étoile,
at Domaine Chandon, and a delicatessen at V. Sattui Winery.
The Ordinance supports two goals: to protect the agricultural preserve, and to concentrate commercial
activities in the cities. In an article in Wines & Vines dated 18 March 2008 (“Napa Nixes Winery
Restaurants”), Sandy Elles, the executive director of the Napa County Farm Bureau, stated “We support
placing restaurants in cities, where available water and sewer infrastructure can best serve these
businesses. This helps to keep our city centers vibrant and economically robust.”
Fauquier County’s Farm Winery Ordinance
The Ordinance takes an approach similar to Napa, California with reference to a goal articulated in its
comprehensive plan: to channel residential growth and the growth of commercial business ventures into
identified “Service Districts” where transportation access and infrastructure are better suited to such land
uses. Concurrent with that is a desire to balance the needs of the wineries with the desires and expectations of
property owners adjacent to farm wineries who wish to have peaceable enjoyment of their properties without
undue noise, light and traffic, and to protect the health, safety and welfare of the public.
First, have a look at the relevant section of the Code of Virginia:
§ 15.2-2288.3. Licensed farm wineries; local regulation of certain activities.A. It is the policy of the
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The Code fails to define “usual and customary,” “events and activities”, “economic impact”, or “substantial
impact on the health, safety and welfare of the public,” deferring to local authorities to define the same in a
reasonable manner. The Board of Supervisors steps into this breach, stating that “the County has determined
that the proposed restrictions on winery activities and events take into account: (i) the economic impact of
the restrictions; (ii) whether the restricted activities and events are agricultural in nature; and (iii) whether
such activities are usual and customary for farm wineries throughout the Commonwealth;” and that the
County recognizes the proliferation of farm wineries serving alcoholic substances throughout the rural areas
of the County that are generally served by narrow, winding roads, absent reasonable limitations on the size
and frequency of events and activities, will substantially impact the health, safety and welfare of the public.”
At the heart of the matter are “special events.”
What is a Special Event?
The Ordinance defines a “special event” as an activity that mets any one of three criteria:
1. Catered food is served; this includes food carts;
2. The number of invited or ticketed attendees is 150 or greater;
3. The activity takes place after regular business hours (regular business hours are defined as when the
winery is open to the public, between 10 am and 6 pm)
Commonwealth to preserve the economic vitality of the Virginia wine industry while maintaining
appropriate land use authority to protect the health, safety, and welfare of the citizens of the
Commonwealth, and to permit the reasonable expectation of uses in specific zoning categories. Local
restriction upon such activities and events of farm wineries licensed in accordance with Title 4.1 to
market and sell their products shall be reasonable and shall take into account the economic impact on
the farm winery of such restriction, the agricultural nature of such activities and events, and whether
such activities and events are usual and customary for farm wineries throughout the Commonwealth.
Usual and customary activities and events at farm wineries shall be permitted without local regulation
unless there is a substantial impact on the health, safety, or welfare of the public. No local ordinance
regulating noise, other than outdoor amplified music, arising from activities and events at farm
wineries shall be more restrictive than that in the general noise ordinance. In authorizing outdoor
amplified music at a farm winery, the locality shall consider the effect on adjacent property owners and
nearby residents.
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This definition is substantially the same as that found in the Albemarle County Code, which limits special
events to 150 persons, and provides that a special use permit authorizes up to 24 events per year. Events for
200 or more persons requires a special use permit.
By-right uses include customary activities, and includes the serving of “light accompaniments” during regular
business hours (or extended business hours that have been allowed by permit). The light accompaniment
must meet the exemption criteria from the definitions of “Food Establishment” and “Potentially Hazardous
Food”, as defined in the exemption criteria of Virginia Administrative Code 12 VAC4-421.10. We find this
reference odd; the intention was likely to allow the sale and serving of pre-packaged items, and the intention,
no doubt, is to prohibit the serving of anything prepared on site. We’ve omitted the relevant exemption
criteria paragraphs, because it’s an awkward and long-winded way of saying “restaurants and food service,
other than light accompaniments, is prohibited.”
By Right Uses
By right uses include up to twice per month events that would be classified as special events, but are limited to
35 invitees/attendees for an event outside of regular business hours, or, as a substitute for one of these events
it may bring in catered food to serve to the public in conjunction with wine tasting during regular business
hours.
Limitations
Limitations placed on the farm winery include the following:
Sound generated by amplified music cannot be audible beyond the property line of the winery
Lighting is to be fully shielded
Structures used for special events are to be 300 feet from all lot lines; structures in existence when the
ordinance is adopted are grandfathered in
Off street parking is to be 100 feet from any property line and must be screened from the road; existing
parking lots are grandfathered in
Food establishments (restaurants) are prohibited
No activities or events shall result in more people being on-site than the authorized occupancy limits under
the winery’s septic permit
Closing time for permitted special events is 9 pm Monday through Thursday, 11 pm Friday and Saturday,
10 pm on Sunday
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Winery employees are required to participate in alcohol server training programs
Permitted Uses
Presumably for a fee, a winery may be permitted by authorization of the zoning administrator:
To extend operating hours from May through August to 8 pm, and in September to 7 pm
To hold one special event per month; such events are limited to 150 invitees/ticketed attendees, subject to
the limitations of the winery’s septic system
Permit Procedures
Administrative Permits are required for obtaining extended operating hours and for smaller special events.
The Zoning Administrator is to give written notice to all adjoining property owners 30 days prior to issuance,
and has 45 days to render a decision. Initial permits are for one year, then reissued for a 2-year period, and
thereafter renewed for 2 to 5 year periods.
Limitations: No administrative permits are issued to wineries that are on a lot less than 11 acres in size. Of
existing wineries, that includes only Mediterranean Cellars, which is on a lot 10.4882 acres.
Food may be served if prepared off-site by a caterer or on-site in a Food Cart. Farm wineries are prohibited
from obtaining a license as a “food establishment” or which requires a “Temporary Food Establishment
Permit”.
No permits are granted if the farm winery does not have direct access to a public street. A private access
easement will be treated the same if the easement is exclusive to the farm winery parcel and the owner of the
servient estate has provided written approval; or in the case of multiple parcels served by the private street, all
holders of access rights have provided written permission. The private street requirement affects three
wineries: Mediterranean Cellars, Marterella Winery, and Pearmund Cellars.
Outdoor uses are granted if the proposed special event location is not within 300 feet of a neighboring private
residence.
Special Exceptions for Events by the Board of Supervisors
The Board of Supervisors may authorize one or more special events per year that exceeds the capacity of the
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winery’s septic system, provided “appropriate accommodations are made for temporary facilities.” Such
permission is granted only if the winery has road frontage on a major collector or higher classification street,
unless there is a finding that the traffic will not have significant impact on proximate property owners. Only
five of the 26 wineries are on rural major collectors or higher: Delaplane Cellars, Aspen Dale Winery, Three
Fox Vineyards, Granite Heights Orchard, and Morais Vineyards. The rest would have to demonstrate little
impact on their neighbors to qualify for for such a permit. To see the hierarchy of roads in the county, see this
page.
Further, this special exception is granted only if the winery is 25 acres or more. This affects only
Mediterranean Cellars (10.4882 acres), Marterella Winery 13.2132 acres), and Chateau O’Brien (13.29 acres)
(the Board of Supervisors helpfully provided a table listing these data).
These events requiring special exception may have up to 200 attendees per event; for wineries 50 acres or
larger, up to 24 special events may be approved with up to 250 attendees, and one event with up to 500
attendees. This is similar to Albemarle County, which requires a special use permit for events that will have in
excess of 200 people. Special events allowed by Administrative Permit are included in this total, but not
counting uses allowed “by right.” Only two special events per month are allowed. About half of the Fauquier
county wineries are over 50 acres in size.
The initial permit period is three years, and reissued for five years or greater as determined by the Board of
Supervisors.
The ordinance permits events already committed to through December 2012, and application fees are waived
for any Administrative Permit or Special Exception request filed before 31 December 2013 by any farm winery
existing prior to the adoption of the ordinance.
Will this Ordinance Survive Judicial Scrutiny?
On its face, the restrictions contained in this Ordinance are not that different from those in place for Albemarle
County. The Virginia Code does state that local restrictions upon farm winery activities are allowable, and
Albemarle County provides a strong precedent.
The Ordinance has a good point about what sort of activities should be on parcels when you take into account
the size and type of roads serving that winery; unfortunately, it’s likely that superior wine growing land may
not be served by a “rural principal arterial.” But the restrictions are consistent with the goal of concentrating
commercial activities in certain areas. One may take issue with certain limitations, such as sound, parking and
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lighting requirements; it remains to be seen if these restrictions will survive scrutiny, given that Albemarle was
forced to revisit their sound restrictions and impose a standard based on measurable criteria greater than
simply “audible beyond the property line.”
We are of the opinion that fighting the Ordinance is ill advised, because a lawsuit or legislative solution would
likely have unintended consequences, such as the result from Swedenburg v. Kelly, which was a triumph in
the name of Interstate Commerce but resulted in the loss of Virginia wineries’ ability to ship in-state to
consumers, since in-state and out-of-state persons have to be treated the same under the Commerce Clause of
the United States Constitution. This development necessitated the work-around that created the very
successful Virginia Winery Distribution Company. In light of the fact that Albemarle County’s wineries
continue to thrive under their zoning regime, we believe these new regulations will survive, and the Fauquier
wineries will learn to live with them — and their neighbors.
We have written before (admittedly rather crankily) about how the wine loving public in Virginia has come to
expect festivals and events as part and parcel of the Virginia wine country experience. This goes back to earlier
comments we’ve made about gaining the respect of wholesalers, whose perception of Virginia wine is likely
shaped by the seemingly relentless entertainment focus of the business. Jim Law definitely has a point —
when more Virginia wine producers have the respect they deserve from the National media and achieve
national (and international) distribution, and when producers reach the point where they can support
themselves by simply making and selling wine without having to stage entertainments to attract the public,
only then can the entire industry focus on making world class wine.
To date, these winery-specific zoning regulations are limited to Albemarle and Fauquier counties. Perhaps this
new Ordinance will encourage potential winegrowers to look outside of Northern and Central Virginia when
searching for an appropriate site. We’ll be so bold as to extend an invitation on behalf of Charlotte County; we
are confident our Board of Supervisors would welcome additional wineries, as would most counties in
Southern Virginia. They crave the development and agritourism dollars, and would do just about anything to
help you get started.
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12 thoughts on “How’s That Zoning Ordinance Working for Ya?”
Lawrence R. Burke
WEDNESDAY, 18 JULY 2012 AT 8:12 AM
Wineries in Virginia are mostly destination places, small businesses trying to compete in a highly competitive
business. Lacking advertising budgets of thousands, maybe hundreds of thousands of dollars, they need to
have events to draw crowds. We have become aware of many wineries by festivals and other events. This
ordinance is counter productive to promoting Virginia wine in my opinion.
POSTED IN SOUTHERN VIRGINIA, WINE
FAUQUIER COUNTY LINDEN VINEYARDS NAPA WINERY ZONING OREGON WINERY ZONING
VIRGINIA WINERY DISTRIBUTION COMPANY WINERY ZONING
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Helicopter Rides Prohibited!In "Southern Virginia"
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Reply
G.E. Guy
WEDNESDAY, 18 JULY 2012 AT 8:25 AM
Stephen, probably the most comprehensive analysis I’ve seen of the ordinance since it was passed. There’s been
a lot of rhetoric and hyperbole on all sides so a reasoned look is great.
I’m certainly not a laissez-faire, no regulation kind of person, so I would never advocate for no rules for an
industry. There were just several things that really bothered me about this ordinance. First was how it came
about, written as a one-sided piece of law from a special interest group. That’s always going to make me
uncomfortable.
My second concern is related to the first – there just didn’t seem to be a whole lot of research behind the
ordinance. Standards seemed arbitrarily established and no one was willing to explain where they came from.
Take the road issues, for example. When I was considering partnering with someone to establish a retail store
we looked at a lot of location data (access, cars per hour, etc) to determine viability. That info is out there.
Supervisor Sherbeyn alluded to that when he said that the local sheriff’s office had no data to support that
wineries were presenting a traffic safety problem.
If you’re writing something into law I think there are two questions the public needs to know: 1) what problem
are we trying to solve and 2) what makes you so sure your proposed law will solve it?
When it comes to government I hate closed doors. I think transparency is key, and the Fauquier County Board
of Supervisors did themselves no favors by refusing to talk to anyone about this ordinance. It created a very
Mayberry Machiavelli feel to the whole proceedings.
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Stephen Ballard
WEDNESDAY, 18 JULY 2012 AT 1:34 PM
Not knowing the machinations behind it and the entire, I didn’t want to go there. I do remember seeing a
transcript of testimony from one of the hearings, but I didn’t print it or save it, and I can’t find anything on
it. But I think you’re absolutely right — the way this came down is very unseemly. I wanted to get away
from the hysteria and focus on the ordinance itself.
We (as a winery) are treating this as being put “on notice” — there seems to be a common current in all
these things — even in California — such as requiring the place where public events are held be 300 feet
from the property line, screening of parking lots, stuff like that. These elements are informing our design
and siting decisions.
But I guess we’ll have to scratch plans for that heliport.
Reply
G.E. Guy
WEDNESDAY, 18 JULY 2012 AT 1:57 PM
That’s the challenge, isn’t it? It seems like every conversation about this ordinance veers off to talk
about something else. The dominant conversation I’ve seen coming out of this ordinance is centered
around this idea that you’re either a pure winemaker whose lands are unsullied by anything that
doesn’t relate directly to the bottle, or you’re a sell-out, commercialized hack. When really, we’re
getting away from my questions, what problem are we solving with this and WILL it solve them? I’ve
heard nary a peep from anyone on that.
Do you think think the helicopter language is a noise thing? Because I still believe if I can get investors,
my zeppelin wine tour company will be an overnight sensation.
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Stephen Ballard
WEDNESDAY, 18 JULY 2012 AT 2:29 PM
Zeppelin wine tour? That’s awesome. I can see it now — “Oh, the Humanity!” as the trademark catch
phrase.
Not living in Fauquier county, as an outsider I do wonder what the problem is, though there is a
common thread in the zoning fights I’ve examined. Three things seem to grate (and this is coast to
coast): (1) the perception of dangerous drunks careening down narrow country roads (followed
invariably by “What about the children?”), (2) increased road traffic generated by events; and (3)
noise. Amplified music seems to drive people insane, especially from weddings going on into the wee
hours. If I had to listen to “The Macarena” when I’m trying to go to sleep, I might get even crankier
than usual. Helicopter prohibitions probably go more to privacy than noise, but I could be mistaken.
I do wonder how Albemarle County wineries manage with their restrictions — I’ve never heard a
complaint, which isn’t to say they aren’t out there — they just haven’t reached my ears. I do remember
the fuss about amplified music that brought out all manner of celebrities to testify, and the Board of
Supervisors wisely (as you noted) decided on objective, measurable criteria.
Tina Morey
WEDNESDAY, 18 JULY 2012 AT 11:08 AM
“Jim Law definitely has a point — when more Virginia wine producers have the respect they deserve from the
National media and achieve national (and international) distribution, and when producers reach the point
where they can support themselves by simply making and selling wine without having to stage entertainments
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to attract the public, only then can the entire industry focus on making world class wine.”
That’s the crux right there. I told the board this back in April–there needs to be a clear distinction between
serious winemakers and event-based wineries otherwise the Virginia wine industry will never move forward
into the serious wine arena like other regions have.
Nicely written Stephen, thank you.
Tina
@ProtocolWine
Reply
Stephen Ballard
WEDNESDAY, 18 JULY 2012 AT 2:59 PM
If only it were possible for the industry to take control of the “event beast.” I remember chatting with a
member of one of our local chambers of commerce about Annefield. This was before we even opened, but
she said their group was thinking about having a wine festival as a chamber fundraiser. Really? You know
I’m a bit nuts about authenticity, but where is the nexus? The town has four restaurants, two served wine,
and none of it was Virginia wine (today, one does — they carry ours). What connection does that town
have to winegrowing? None. If the town was surrounded by vineyards, it would make sense.
I don’t think we’d want to go the lengths Oregon does by creating substantial barriers to entry, with their
requirement of 15 acres in vines before you can break ground on a winery. That’s about a $220,000
investment! We couldn’t do that. You would have to be assured good marketing and a revenue stream (and
dare I say — distribution?) to make that sort of capital commitment.
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annierie
WEDNESDAY, 18 JULY 2012 AT 1:05 PM
Thank you for writing this, far more eloquently than the draft I have been writing.
I have loved Virginia wines for 20+ years, buying the good stuff and the new stuff.
I know how Jim feels, we just talked to him about it when picking up his new releases last weekend.
We stopped attending the festivals years ago, because the focus had changed, and there were too many loud
obnoxious drunks encountered. It was at a festival years Go we discovered Valhalla, and we went just to pick
up some of their wine, and Gabrielle Rausse’s wines.
Since we are retired, we go to the sources once or twice a year to choose some good wines to enjoy with friends
and family. We hope to make it to Annefield this fall, on a swing down to Southern VA.
Reply
Sean Tarallo
THURSDAY, 19 JULY 2012 AT 6:00 PM
Thanks, Stephen, for the well thought out & excellent blog!
I think the part that makes this so hard to swallow for the average Fauquier winery owner is that – to use
baseball terms – they are having the rules of the game changed on them in the middle of the inning.
As for Mr. Law, I certainly understand his reasoning that focusing on the wine & not the events will improve
the wine (although I do not necessarily agree with it in all cases). He is certainly excellent at his craft, and I
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have enjoyed Linden wines on numerous occassions. However, there are a number of of Virginia wineries that
are making outstanding & improving wine, and are involved with events, weddings, parties, etc. As a matter of
fact, there are several I can think of, that in my opinion, are making better strides in winemaking and certainly
pricing (overpricing?) than Linden. Maybe we should expect Mr. Law to improve his wines and prices at a
faster rate since he is not involved in extra-curricular activities like weddings and parties at his winery?
Another reason I think Mr. Law’s views have been so widely panned is that very few of us is fortunate enough
to have been blessed with a multi-million dollar trust fund. If the average future winemaker wants to explore
his passion by opening up a winery in Fauquier County, why should he not be able to have the ability to build
up his cash-flow, reputation & future ability to make fine wine without having to deal with an ordinance that
was put in place without so much as a traffic study having been done?
I agree with you, that in the end, and with a new business plans, most Fauquier wineries will find a way to co-
exist with the new ordinances. However, there is room for all types of wineries, whether they are trying to
change the impressions of Virginia wines world-wide or whether they are doing it because it is something they
love and have no interest in selling their wines beyond their vineyard.
Reply
Stephen Ballard
MONDAY, 23 JULY 2012 AT 12:05 PM
Sean,
As always, thanks for the input. The impact of wineries on neighbors appears to have been purely
anecdotal, rather than based on concrete studies, which are probably very expensive and time consuming.
But how that is handled varies — for example in California, the burden (and cost) of the environmental
impact report is put on the winery seeking permission to build. As G.E. Guy noted, Fauquier’s approach
was a solution in search of a problem. If the county wanted to stop all but the most wealthy investors, they
could institute a requirement like that.
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Bistro 1888, South Boston, Virginia
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Pursuit Wine Bar, Washington, DC
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